Tom Sheahan (Kerry South, Fine Gael)
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Question 449: To ask the Minister for Agriculture, Fisheries and Food if an appropriate assessment is required for the licensed aquaculture in marine or freshwater special areas of conservation designated under the habitats directive as transposed into law here by the European Communities (Natural Habitats) Regulations; the national competent or consent authority charged with drawing up such assessments; the role this authority has in collecting data on which projects are assessed; the bodies, institutions or authorities which were consulted in the process of drawing up the requirements for the assessments; the average cost and length of time for carrying out an assessment; the assessment template submitted to the Directorate General for the Environment in the European Commission for prior approval; if final agreement with the national park and wildlife service was required before the assessment template was submitted to the Directorate General for the Environment in the European Commission for approval; and the breakdown of the assessments that finished at the screening stage compared with those that have a full assessment. [41836/09]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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My Department has responsibility for the licensing of aquaculture in the State in accordance with the provisions of national and EU law. Where it is deemed that the proposed aquaculture is likely to have a significant effect on a Natura 2000 site an 'appropriate assessment', within the meaning of the EU Habitats Directive as transposed into national law, must be undertaken before I can grant an aquaculture licence in any marine area designated as a Special Area of Conservation or marine area designated as a Special Protection Area (a Natura 2000 site). Any freshwater aquaculture applications are required to secure appropriate planning permission and an effluent discharge licence from the relevant local authority before an aquaculture licence application can be granted.

My Department and its agencies, working with the Department of Environment, Heritage and Local Government, developed a comprehensive plan to deliver compliance with the EU Birds and Habitat Directives for aquaculture within a specific timeframe. This plan was submitted to the EU Commission for consideration and on 13 May 2009 a meeting between this Department, the Department of Environment, Heritage and Local Government, relevant Agencies and the Commission took place in Brussels to discuss the plan with a view to securing the Commission's support for the approach set down in the plan.

The Commission advised that it was, in principle, favourably disposed towards Ireland's plan subject to a positive response to the issues raised and further clarifications from the Irish authorities on the details of the plan. However, it has recently advised that it remains concerned about the planned approach to delivering compliance for aquaculture licensing. The most recent views of the Commission are being examined by my Department in conjunction the Department of the Environment, Heritage and Local Government with a view to responding to the Commission's concerns.

In the meantime my Department, in conjunction with the Marine Institute, is gathering the necessary baseline data for each Natura 2000 site relevant to marine aquaculture and wild fisheries. A sum of €1m has been provided in my Department's budget for 2009 for the collection of this baseline data. This data will enable the establishment of conservation objectives by the National Parks and Wildlife Service of the Department of the Environment, Heritage and Local Government and the subsequent assessment of all relevant aquaculture applications in those sites.

The collection of the baseline data sets and the establishment of conservation objectives for each relevant marine Natura 2000 site will enable my Department in conjunction with technical and scientific advisers to undertake assessment of all applications in due course. The Department of the Environment, Heritage and Local Government is also a statutory consultee to the aquaculture licensing process.